Law 29/2015, July 30, Of International Legal Cooperation In Civil Matters.

Original Language Title: Ley 29/2015, de 30 de julio, de cooperación jurídica internacional en materia civil.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-8564

FELIPE VI King of Spain to all that the present join together and act.

Know: That the Cortes Generales have approved and I come in to sanction the following law.

PREAMBLE I legal cooperation in civil matters this Act gives pursuant to a mandate as contained in the disposal twenty law 1/2000, 7 January, Civil procedure, and, in fact, pending since the enactment of the organic law of the Judicial power in 1985, thus filling the urgent need to give Spain a regulation modern on legal cooperation in civil matters.

Within a complex framework of international relations with numerous treaties and agreements in force, and numerous provisions of the European Union an international legal cooperation, internal law must have a subsidiary character. The character is made clear in article 2.a) which, by virtue of the principle of primacy of Union law, gives priority to the application in this matter of the rules of the European Union and the treaties and international agreements to which Spain is a party. The principle of speciality is reflected in item 2.b) which allows the priority of sector specific rules such as those contained in law 22/2003, of July 9, bankruptcy, in law 54/2007, of 28 December, on international adoption, the law 20/2011, 21 July, the Civil Registry, and the revised text of the General Law for the defence of consumers and users and other complementary laws approved by Royal Legislative Decree 1/2007, of 16 November, following its amendment by law 3/2014, March 27. In this context, it is clear that an instrument such as this provides legal security and certainty added to the area of international legal cooperation.

The target framework of this Act should be limited. Does not address therefore in this law, by reference to sectoral rules more specific and given the character of the general framework of this standard, for example, the regulation of acts of cooperation to facilitate the submission of claims, international legal aid, foreign bankruptcy proceedings, requests for obtaining food or international child abduction, as soon as they are materials which have a better fit in specific and specialized legal regulations , and this without prejudice to apply this policy alternative to such matters.

It has said the rules governing auxiliary functions to the judicial administration of the diplomatic and consular officials of race or other legally authorized persons. This law has been able to take to clarify the powers of the Spanish officials and the conditions of the exercise of such powers, both by foreign agents in Spain and Spanish foreign officials, but the basic character and its general framework allow referring to a special and more detailed legislation these aspects.

Nor the lawsuits against States that could fit in cases permitted by the United Nations Convention of December 2, 2004, on jurisdictional immunities of States and their property, ratified by Spain on 21 September 2011, are object of a specific procedural development in this law, more than clarify what to do in cases of sites and judicial notices directed against foreign States.

The concept of international legal cooperation is used very broadly in this law, allowing you to include matters that are unrelated to the stated concept as the lis pendens and international relatedness, recognition and execution of statements or information and proof of the foreign law in the strict sense, and that they have traditionally regulated by other regulatory bodies, such as the Civil procedure law and the organic law of the Judicial power.

II the present law applies in civil and commercial matters irrespective of the nature of the Court, including the civil liability arising from crime and contracts work, and part of a general broad legal cooperation development-friendly international principle, even in the absence of reciprocity, but with the possibility of refusal of international legal cooperation where there is denial reiterated cooperation or legal prohibition of providing it. The interests of citizens in see secured and protected their rights, including the right to effective judicial protection, regardless of the more or less collaborative attitude of certain States, precedence so that should not never without prejudice to the offer of reciprocity as good practice. These premises as well, assume the general obligation of cooperation emanating from general international law.

In view of the importance that in the world of international legal cooperation they have and will have direct judicial communications, the law chooses to enable all Spanish courts to communicate without intermediation with courts of other States within the limits marked by the respect for the laws of both States and judicial independence. The existence of which is part of our legal system and legislation which articulates the possibility of direct judicial communications, case of articles 11 (6), (7) and 15 of Regulation (EC) No. 2201 / 2003 of the Council of 27 November 2003 concerning jurisdiction, the recognition and enforcement of judgments in matrimonial matters and parental responsibility , by the repealing Regulation (EC) No. 1347 / 2000, and articles 8, 9 and 31 of the Convention of the Hague, 19 October 1996, concerning competition, applicable law, recognition, enforcement and cooperation in respect of parental responsibility and measures for the protection of children, for example, makes that it should already provide enabling normative base yet generic, direct judicial communications. The topicality of the subject is manifested in the publication by the Conference of the Hague guide emerging regarding the development of the international network of judges of the Conference of the Hague and general principles for judicial communications, including safeguards that are commonly accepted in specific cases, within the context of the international network of judges of the Conference in the Hague.

III the title I of the Act regulates the general regime of international legal cooperation and applies to requests for legal cooperation in matters of notification and service of judicial and extrajudicial documents and obtaining and practice the test. In response to the current technical complexities inherent in the international legal cooperation, the Ministry of Justice as the Spanish central authority is designated. This useful principle of concentration exists in internal Spanish regulations and thus, for example, law 20/2011, 21 July, from the Civil Registry, configure, for reasons similar to the Central Registry Office, as the authority in charge of international cooperation in all matters subject to such law. Functions of the Ministry of Justice as the central authority are described in section 8 of the Act largely match which is attributed to pursuant to treaties and international agreements and standards of the European Union, and to facilitate both international legal cooperation if a Spanish authority requires it as if the requested authority is Spanish.

In the field of international legal cooperation in civil matters, this law comes to fill an empty internal derived from the absence in Spain of a legal regime applicable to practice and evidence, with the idea that a general regime of international legal cooperation should be designed as an effective means to facilitate the task bodies both acts of communication of judicial and extrajudicial documents, common in this sector jurisdictional in your function to administer justice, thus allowing the effectiveness at the international level of effective judicial protection.

The existing common regime of international legal cooperation is determined by the provisions of article 177 of the Civil procedure law, by articles 276 to 278 of the organic law of the Judicial authority and the provisions of chapter II of title IV of the agreement of 15 September 2005, of the plenary of the Council General of the Judicial power which approves the regulation 1/2005, of the accessories aspects of court proceedings (articles 74 to 80).

This law integrates and detailed, with accurate adaptations, with the indicated rules, and happens so to meet effectively the legislative referral that article 177 of the Civil procedure law, devoted to international judicial cooperation, the domestic law which applies in the absence of standards of the European Union and international treaties that are applicable to the practice of legal proceedings abroad and when the authorities legal foreign ask for the cooperation of the Spanish courts.
This law improves the situation before leaning in article 276 of the organic law of the Judicial authority for cases of active judicial assistance requested by Spanish courts and the articles 277 and 278 of the Act for cases of passive judicial assistance requested by foreign courts, and fills a legal void years ago sued.

The rules contained in chapter I of title I are common to the legal cooperation in the field of notifications and the taking of evidence. Routes of transmission, whose election in the particular case will depend, ultimately, of the provisions of the legislation of the foreign State required or requesting, and sets the minimum content of requests for which the Spanish central authority will check that they gather the content and the requirements legally, so that, when the application does not meet the requirements laid down in article 10 are described in them It is returned to the applicant authority, indicating the specific reasons for the return. The law also deals with language and processing, which varies depending on required Spanish or foreign, authorities and specifies that requests forwarded to Spanish authorities will run under Spanish procedural rules and that only exceptionally and at the request of the foreign authority special procedures, will be accepted provided that they are compatible with Spanish law and is practicable. Also lists the grounds for refusal, stating they also shall be decision motivated by which the execution of the request is denied.

The law focuses on the execution of criminal prosecutions by Spanish diplomatic and consular officials abroad and deals with ancillary issues at the international legal cooperation, allowing the use of any technological means that are appropriate to the practice of proceedings for cooperation, specifying that costs will be paid by the applicant authority who may, if pass them in the party at whose instance the application of international legal cooperation has been made. The Spanish central authority in any case shall bear any expense arising from requests for cooperation received, and may request a provision of funds if the foreign authority to cooperate requires you any payment linked to the application.

IV in chapters II, III and IV of title I regulate the special requirements relating, respectively in the field of notifications of judicial and extrajudicial documents and evidence. The required simplification of regulation can be seen, for example, in the choice of the means chosen for the practice of acts of communication, notification and service of documents abroad, and even provides that the Spanish authorities can send communications directly to its addressees by registered mail with acknowledgement of receipt or analog means that leave evidence of their receipt. This possibility, whose introduction will facilitate the notification and reduce their costs, answers must relate to the provisions of article 25 with respect to language, because documents can be transmitted in a language that the recipient understands, although it is not an official language of the requested State. None of these forecasts should cause any difficulty in relation to the future recognition and enforcement of the decision of the Spanish overseas, if the party, as it is frequent, appear, and participates in the Spanish process. Cases of failure of the defendant to appear are planned, in addition, and the protection of the rights of defence in these cases, and in relation to the acts of notification addressed to foreign States has introduced a special rule in article 27, also regulated in chapter III acts of notification and service of extrajudicial documents. Chapter IV contains special rules on the practice and the taking of evidence abroad where go to criteria of simplicity and subsidiarity with the details of the procedure, content and requirements of such activity.

Within the general regime of international legal co-operation has drafted a standard that addresses the specific problems of the protection of personal data looking for a reasonable balance between the principles of proportionality and minimization, and the need to avoid restrictions or excessive standards that could compromise the necessary international legal traffic flow. The standard proposed also contemplates the need that all acts of international legal cooperation carried a clear information on the limits of the use of the personal data transmitted.

V in respect of proof of foreign law, not deemed suitable to alter the Spanish system in force after the law 1/2000, of 7 January, code of Civil procedure, but it is considered prudent to specify that, when not has failed to register by the parties the content and application of the foreign law, Spanish, in avoidance law may be applied thus a denial of Justice that might be unwarranted if dismissal demand , and in search of effective judicial protection.

It has been sought in this way influence in one of the most controversial allegation and proof of the foreign law system. Our system is characterized by a mixed system that combines the principle of allegation and proof on request with the possibility of the Court to complete this test, using many media inquiries it deems necessary. What had to be done in those cases where the foreign law has could not test is not specified so far. In forensic practice it had proposed in essence two solutions, the rejection of the demand, and the application of the lex fori. This paper opts for this last solution, which is the majority in the systems of international private law of our environment and the traditional in our system. The solution most suited to constitutional jurisprudence which suggests that the rejection of the demand conculcaría in certain cases is also the right to effective judicial protection.

It should be understood that the lack of proof of the foreign law in a judicial process is something unique that will happen only when the parties fail to prove the foreign law and not to mention the possibility of the Court to cooperate in the accreditation of such content. In addition, have met specific systems that in special laws provide for equal solutions or different, by reference, for example with the rules of protection of consumers and users as well as to the civil registry.

This law, also clarified the interpretation of the probative value of testing practiced according to the criteria of healthy criticism and determines the value of the expert reports on the subject.

VI with regard to information on foreign law, the system adopted is subsidiary, which will determine its effective application, with respect to national and international regulations, considering the existing instruments in the European Union, the two multilateral conventions in London on June 7, 1968, with its additional Protocol done at Strasbourg on 15 March 1978 , and Montevideo on May 8, 1979, and bilateral in which Spain is part and containing forecasts on the matter, if, for example, of the bilateral with Morocco on May 30, 1997, which regulates very precisely to supply information and routes, making the communication in the best way possible through the designated central authorities. Is for this reason that regulates an enabling process, but simple and easy at the same time, so that it allows to obtain a hypothetical answer.

Article 35, for example, regulates requests for information from foreign law by the judicial bodies, and by the notaries and registrars. In this field not must be generated false expectations, as the regulation applies in the absence of conventional or European standard and there is no guarantee any of the foreign authorities access to provide such information.

VII definition of criteria appropriate international lis pendens and relatedness is an inescapable requirement that must provide legal certainty and predictability to the parties. A direct consequence of the existence of parallel proceedings in various States is the possibility that inconsistent decisions handed down. This law addresses this issue and provides a mechanism that is simple and effective in line with the trends of the regulations of the European Union.

The criteria provided by the new Regulation (EU) No. 1215 / 2012 of the European Parliament and of the Council of 12 December 2012, relative to jurisdiction, the recognition and enforcement of judgments in civil and commercial matters, for cases of proceedings before courts of third States, are thus generally admissible in relation to matters not included in the aforementioned instrument.
It should be clarified that the introduction of rules on lis pendens and relatedness in relation to third States by the regulation will have the same apply with preference over the rules contained in the present text. Therefore, the provisions contained in this will apply to matters not regulated by that regulation, that is, essentially, to right of the person, family, probate and insolvency matters.

The exception of lis pendens is regulated in article 39. It should noted that the appreciation of the exception is optional, as is the case in the European Union regulation that inspires the standard. This is right and is justified since it is rating the concurrence of a process in a third State with which there is any link. Hence the appreciation of exception make depend on a series of cumulative, as to the foreign body requirements is knowing under a reasonable forum so as that the resolution eventually handed down by that Court is capable of recognition in Spain. Finally, it is required that the Spanish Court concludes that the suspension of the procedure opened in Spain is necessary in the interests of the good administration of Justice. The lifting of the suspension, provided for in the second paragraph of the article, there is also depend on similar requirements, although in this case are not cumulative but alternative (the conclusion or suspension of the proceedings in the third State concerned; that is deemed unlikely terminating the procedure within a reasonable period or that is deemed necessary the continuation of the procedure for the good administration of Justice).

The preamble to Regulation (EU) No. 1215 / 2012 to the European Parliament and of the Council of 12 December 2012, precise sense of this last requirement relating to the appreciation of the good administration of Justice in paragraph (24). Points out that should be an assessment of the whole of the circumstances of the case, in particular of the connections between the facts of the matter and the parties and the third State concerned it (although this issue will be valued in accordance with the provisions contained in the letter to) article 39 of this text that is unmatched in the text of the regulation) , the phase in which the proceedings in the third State is and if it is expected that handed down resolution within a reasonable time.

VIII the judicial process of exequatur is one of the key pieces of text and one of the areas most in need of reform in our domestic legislation. The existing law 1/2000, of 7 January, Civil procedure, abrogated the former Code of Civil Procedure Act, approved by Royal Decree on February 3, 1881, with the exception, among other rules, the articles 951 to 958, on efficacy in Spain of judgements handed down by foreign courts, which remained in force until the entry into force of the law on international legal cooperation in civil matters.

The current design of the articles 951 to 958 of the Civil prosecution of 1881 Act are not coordinated with the jurisprudence of the Supreme Court, that the wording of these precepts, has overflowed with modern special laws or with the most authoritative doctrine. For the design of a new prosecution of exequatur is taken into account the most recent current doctrinal as well as the most recent legislative concretions which, by way of example, arise from the regulations of the European Union, and examples of our recent policy contained in texts such as the law 22/2003, of July 9, bankruptcy Law 54/2007, of 28 December, on international adoption, and the law 20/2011, 21 July, from the Civil Registry.

The rules that make up the title V involve a review of a whole sector of the recognition and enforcement of foreign decisions deemed especially appropriate pursuant to two considerations. First, it is an area especially relevant considering that treaties and regulations of the European Union applies the principle of reciprocity, so that they are only applicable with respect to judgments originating in States part at these tools and relating to matters covered by them. They are, therefore, very common cases in which there will be apply the internal rules. Such legislation, currently contained in the articles 951 and following of the law of Civil procedure of 1881, responds to obsolete approaches and have been overtaken by the jurisprudence, so we are facing a policy sector especially needed a modern and regulation adapted to the needs of an open society such as the Spanish, where external relations are no longer a minority and exceptional phenomenon. Title V opts for the maintenance of the exequatur as special procedure whose purpose is to declare, main title, the recognition of a foreign judgment and, where appropriate, authorize their execution. This contrasts with the established in the regulations of the European Union and deemed appropriate because the regime contained in this text applies to resolutions originating in countries with which no link is not maintained and seems appropriate to maintain certain precautions before giving validity to the decisions of its courts.

Terminology and concepts are clarified, detailing the type of decisions subject to recognition and enforcement and its effects, and address issues of recognition and enforcement partial, incidental and of amendments to foreign judgment, modernizing the grounds for refusal. The process which is designed of exequatur, always subsidiary to special international and domestic rules, solves all the procedural shortcomings which has the current.

With respect to the recognition of a foreign decision in an incidental way we have avoided a reference in article 44.2 to the opening of an incident in accordance with the articles 388 et seq. of the Civil procedure law, thus allowing is incidental recognition can be performed quickly and more easily in the bosom of each procedure according to the procedural laws , since the incidental process referred to in the articles 388 and following cited seems designed for other types of issues and their use would fit an exequatur within an open process when the solution may be simpler to consider normally the recognition as the basis of the estimate or rejection of the main claim, in such a way that it will be the statement determine the fitness of the document to prove what it is intended to. If it were resolved before a procedural exception, at such a moment the aptitude of the document can be seen also to prove the claims.

The need to adapt the measures contained in the foreign judgment which were unknown in the Spanish legal system is regulated for the first time. As established in article 44.4 shall be taken in such a case a measure of Spanish law which have equivalent effects and pursue a purpose or similar interests, even though such adaptation will have no more effect than those laid down in the law of the State of origin. Given that this is a delicate and difficult operation, either party can challenge made adaptation.

With regard to foreign firm or definitive resolutions referring to matters which by their very nature are susceptible to be modified, as for example the performance of food, decisions about the guard and custody of children or child protection measures and unable, is established expressly in article 45 that such resolutions may be modified prior recognition whether main or incidental. This provision does not prevent that you might have a new demand in a declarative process before the Spanish courts, corresponding, in short, the parties choose well by the modification of the foreign judgment well to the opening of a new procedure.

Article 46 establishes the grounds for refusal of recognition of foreign judgments and foreign court settlements. It's the usual reasons. In the field of public order it must be clarified that while does not collect in the articles reference to the peculiarities of the same processes of family or children, it is clear that if the resolution affects minors, public order shall be evaluated taking into account the best interests of the child, and may evaluate to denegatorios effects of exequatur that if resolution affects minors and has been given except in cases of urgency, without giving possibility of hearing to the minor, in violation of fundamental principles of procedure of Spain, will not fit the exequatur.
They deserve to stand out the precepts contained in paragraphs b) and (c)). ((B)) refers to the infringement of the rights of defence of any of the parties, which could technically be subsumed in the concept of public order that appears in the section to). This reference for educational purposes is useful, however. It is, likewise, suitable, then specified that if it's a decision handed down in absentia means that you have violated the rights of defence of the defendant if the filing of the demand was not notified on a regular basis and with sufficient time. At this point, the standard is more stringent than that contained in the regulations of the European Union, which did not require a strict formal regularity of the notification. This is relevant, given that this is a provision that applies where you not governed or European regulation or international agreement.

(C)) of article 46 regulates the competence of the judge of origin called control, led to verify that you between the authority which issued the decision whose recognition is sought and the subject which is the resolution, there is a reasonable connection, and is not a matter within the exclusive jurisdiction of Spanish courts. A guideline is provided to determine the existence of a reasonable connection from the bilateralization of the forums established in the Spanish international civil procedural law, which is flexible enough, because just that the Court of origin has ever known from connection criteria similar to those provided for in our legislation.

In view of their increasing frequency has included a special rule on recognition of foreign judgments in proceedings arising from collective action. Is part that such resolutions can be recognized and executed in Spain, but with a few additional cautions. Thus, article 47 refers to collective actions and provides useful tools to deal with some "class actions" that are second to none in our legal system. Recognition of decisions handed down in collective processes is subject to the competence of the judge of origin more strict control, as required that forums of competence by virtue of which met the foreign judicial authority equivalent to those provided for in Spanish legislation, not sufficing the mere similarity.

In articles 48 and 49 are forbidden the review in terms of the background and the control of the law applied, and allowed, on the other hand, the partial recognition. It's rules common in systems of recognition and enforcement of foreign decisions of the neighbouring countries, which pose no problems.

Chapter III refers to the execution of resolutions and legal transactions. Set out clearly in article 50 that it can only after prior exequatur, doing otherwise a reference to the provisions of the Civil procedure law. It is especially clarifier which specified that the law of Civil procedure applies also to the lapsing of executive action.

Chapter IV regulates the procedure of exequatur, setting standards of competition and free legal assistance and detailing the process and allowable resources. The rules of competition are exhaustive and do not imply a substantial alteration of currently existing ones.

International legal cooperation must also address the extra-judicial scope insofar as it represents the normality of family and economic legal relations. Therefore, this law devotes part of its articulated execution and notification and service of public, particularly notarial documents, as well as registration of foreign titles in Spanish public records of property, commercial and movable property.

The public, especially the notarial documents, are a pillar of the international legal cooperation, as amply demonstrated in the various manifestations of private European Union law, and, in general, civil and commercial traffic with third countries.

This vocation of circulation of public documents, insofar as they participate in the Act of a common definition, taken from instruments and case law of the European Union, determined that the law may provide a channel for notification and direct transfer to those authorized by a notary. This normative value is attributed to the notifications already common in civilian and commercial traffic in a globalized economy.

So regards public documents, the law considers, on one hand, that don't need a prior procedure of recognition of the public document but, again, that will be evaluated its effectiveness in the country of origin in order to establish that there has at least the same equivalent effect. In any case, a common parameter with judicial decisions is that the contents that incorporate may not contravene public order.

It also provides a rule of fitness for unknown legal institutions similar to the of the article 44.4. Notaries and Spanish public officials shall foster the implementation in Spain of foreign public documents through the adequacy, in his case, of foreign legal institutions unknown, expressly envisages the possibility of appeal against the adaptation directly before a court.

Essential element of legal certainty is the inscription in Spanish public records of judgments and of foreign public documents. Full registration activity is governed by Spanish, therefore being a field reserved for the Spanish legislator registry specific laws. This therefore corresponds, as it is done in this law shall establish the activity of the Registrar of property, commercial and movable property in relation to the incidental recognition of resolutions legal, contentious, or handed down in proceedings of voluntary jurisdiction, submitted to registration, if they are firm or definitive, or annotation in another case. However, the interested party in the registration can attend previously main recognition of resolution, to pretend after the registration, which shall be according to the General rules of enforcement legislation in relation to Spanish judicial resolutions.

The law provides for the adaptation of foreign titles. As a specific application of this technique, the Registrar can use it for the case of that sort measures or incorporate institutions or rights that are unknown in Spanish law, in which case will be adapted, as far as possible, to order planned or known in the Spanish legal system that has equivalent effects and pursues a purpose and similar interests or a custom , without having such adaptation more effects that those laid down in the law of the State of origin, to be accurate prior to enrolling a communication to the proprietor of the right or measure concerned adaptation to be carried out. It is safe, in any case, which can be contested made adaptation. The registration of foreign public documents is governed by the specific applicable Spanish law.

Finally, introducing a third final provision amending article 27 of law 5/2012, of 6 July, on mediation in matters civil and commercial, a second final provision amending Law 1/2000, of 7 January, code of Civil procedure to adapt it to the provisions in the Regulation (EU) 1015 / 2012 of the Parliament and of the Council , December 12, 2012, relative to the jurisdiction, the recognition and the enforcement of judgments in civil and commercial matters, and Regulation (EU) No. 650/2012 of the European Parliament and of the Council of 4 July 2012, relative to competition, applicable law, recognition and enforcement of judgments, the acceptance and execution of public documents in the field of successions "mortis causa" and the creation of a certificate inheritance European, in addition to a first final provision of modification of the mortgage law that incorporates such a certificate. Finally, through the fourth final provision the law 2/2014, March 25, the action and the foreign service of the State, is modified to also recognize the official nature of translations of foreign public documents made or assumed by the representations of Spain in abroad or those made by foreign representations in Spain of public documents of their own State. This facilitates the relationship of citizens with public administrations, in particular when it comes to records or procedures that are handled, at least partially, abroad.

Table of contents preliminary title. General provisions.

Article 1. Object.

Article 2. Sources.

Article 3. Favourable general principle of cooperation.

Article 4. Direct judicial communications.

Title I. general regime of international legal cooperation.

Chapter i. General provisions.

Article 5. Scope of application.

Article 6. Effects.

Article 7. Spanish central authority.

Article 8. The Spanish central authority functions.

Article 9. Transmission of requests.

Article 10. Content and minimum requirements for the requests for cooperation.

Article 11. Language.

Article 12. Processing.

Article 13. Execution procedure.
Article 14. Grounds for refusal.

Article 15. Execution by diplomats and consular Spaniards of criminal prosecutions.

Article 16. Travel abroad of judges, magistrates, prosecutors, court clerks and officials in the service of the administration of Justice and of other personnel.

Article 17. Technical and electronic media.

Article 18. Expenses, costs and legal aid.

Article 19. General rules on data protection.

Chapter II. The acts of notification and service of judicial documents.

Article 20. Scope of article 21. Means of communication, notification and transfer abroad.

Article 22. Means of communication, notification and transfer in Spain.

Article 23. Date of notification or transfer.

Article 24. Judgment of the defendant.

Article 25. Language.

Article 26. Certificate.

Article 27. Sites and foreign States for judicial communications.

Chapter III. The acts of notification and service of extrajudicial documents.

Article 28. Extrajudicial documents.

Chapter IV. Practice and evidence.

Article 29. Scope of application.

Article 30. Contents of the application.

Article 31. Description of the taking of the test.

Article 32. Practice in Spain of the test requested by a foreign authority.

Title II. Proof of foreign law.

Article 33. Proof of foreign law.

Title III. Information of foreign law.

Article 34. Legal information.

Article 35. Of the requests for information from foreign law.

Article 36. The requests for information of Spanish law.

Title IV. The lis pendens and international relatedness.

Chapter i. General provisions.

Article 37. Concept of Pendency.

Article 38. Procedure.

Chapter II. The international lis pendens rule 39. International lis pendens.

Chapter III. Related demands.

Article 40. Related demands.

V. title Of the recognition and enforcement of judgments and foreign public documents, of the procedure of exequatur and the inscription in the public registry.

Chapter i. General provisions.

Article 41. Scope of application.

Article 42. Exequatur procedure.

Article 43. Definitions.

Chapter II. The recognition.

Article 44. Recognition.

Article 45. Foreign judgment subject to change.

Article 46. Grounds for refusal of recognition.

Article 47. Collective actions.

Article 48. Prohibition of review of the Fund.

Article 49. Partial recognition.

Chapter III. Execution.

Article 50. Execution.

Article 51. Execution of court settlements.

Chapter IV. The judicial procedure of exequatur.

Article 52. Competition.

Article 53. Free legal assistance.

Article 54. Process.

Article 55. Resources.

Chapter V. Of foreign public documents.

Article 56. Execution of foreign public documents.

Article 57. Adaptation of foreign legal institutions.

Chapter VI. The inscription in the public registry.

Article 58. General provisions.

Article 59. Registration of foreign judgments.

Article 60. Registration of foreign public documents.

Article 61. Adaptation.

First additional provision. Special rules in the field of international legal cooperation in civil and commercial matters.

Second additional provision. Standardized forms.

Third additional provision. Forecast costs.

Sole transitional provision. Regime applicable to processes in the pipeline.

Sole repeal provision. Repeal of rules.

First final provision. Modification of the mortgage law.

Second final provision. Modification of law 1/2000, of 7 January, code of Civil procedure.

Third final provision. Modification of the law 5/2012, of 6 July, mediation in civil and commercial matters.

Fourth final provision. Modification of the law 2/2014, of 25 March, the action and the foreign service of the State.

Fifth final provision. Skill-related title.

Sixth final provision. Entry into force.

PRELIMINARY title General provisions article 1. Object.

1. the present law regulates the international legal cooperation between Spanish and foreign authorities.

2. this law applies in civil and commercial matters irrespective of the nature of the Court, including the civil liability for offence and employment contracts.

Article 2. Sources.

International legal cooperation in civil and commercial matters, is governed by: to) the European Union standards and international treaties to which Spain is a party.

(b) the special rules of domestic law.

(c) subsidiarily, by this law.

Article 3. Favourable general principle of cooperation.

1. the Spanish authorities shall cooperate with foreign authorities in matters subject to this law as provided in the preceding article.

2. Despite a not to demand reciprocity, the Government may, by Royal Decree, establish that the Spanish authorities do not cooperate with the authorities of a foreign State when there is a repeated refusal of cooperation or legal prohibition provided it by the authorities of that State.

3. in the interpretation and application of this law is will seek to ensure an internationally effective judicial protection of rights and legitimate interests of individuals.

4. all requests for international legal cooperation will be carried out and implemented without delay, in accordance with the principles of flexibility and coordination.

Article 4. Direct judicial communications.

Spanish courts are enabled for the establishment of judicial communications direct, respecting, in any case, the legislation in force in each State. Means direct judicial communications that take place between national and foreign courts without any intermediation. Such communications shall not affect or undertake the independence of the courts involved nor the rights of defence of the parties.

Title I general regime of international legal cooperation chapter I General provisions article 5. Scope of application.

This title applies to acts of international legal cooperation, in particular to acts of communication and transfer of judicial and extrajudicial documents, such as notices, citations, and requirements, as well as letters rogatory relating to acts relating to the collection and examination of evidence.

Article 6. Effects.

Acts of international legal cooperation carried out by the Spanish authorities without prejudice to the determination of the international jurisdiction and the recognition and enforcement in Spain of foreign judgments.

Article 7. Spanish central authority.

The Spanish central authority in the field of international legal cooperation in civil matters is the Ministry of Justice.

Article 8. The Spanish central authority functions.

Corresponds to the Spanish central authority: to) verify the appropriateness of requests received as provided in articles 10, 11, 30 and 31 and other concordant regulations of application.

(b) providing assistance and cooperation requiring the competent judicial authorities in the field of international legal cooperation.

(c) ensure the correct processing of requests for international legal cooperation.

(d) promote the use of domestic and international networks of cooperation available.

(e) provide information on Spanish law where appropriate in accordance with the provisions of article 36, as well as information on foreign law, in accordance with the provisions of articles 34 and 35.

(f) solve possible difficulties that may arise in the fulfilment of requests for international legal cooperation.

(g) collaborate with the central authorities of other States, as well as other Spanish and foreign authorities.

Article 9. Transmission of requests.

Requests for international legal cooperation in civil matters may be transmitted, provided that they were provided for in the laws of both States, by any of the following ways: to) via consular or diplomatic.

(b) on the respective central authorities.

(c) directly between the judicial bodies.

(d) through notary, if this is compatible with the nature of the Act of cooperation.

Article 10. Content and minimum requirements for requests of cooperation 1. International legal cooperation requests shall specify: a) the applicant authority and, if it is known, the required authority, showing all available details, in particular the postal and electronic address.

(b) the name and address of the parties and, where appropriate, of their procedural representatives.

(c) the name and address of the person to whom concerns the diligence, and how many additional identification data may be known and necessary for the fulfillment of the request.

(d) the judicial process and the subject matter, as well as a brief statement of the facts.
(e) a detailed description of the required diligence and of resolutions or decisions that are based.

(f) documents duly translated and, where appropriate, duly legalized or apostilled, as well as a detailed list of them.

(g) if the required diligence be subject term or urgent realization, the indication of the precise deadlines for compliance and a motivation of the reasons justifying the urgency.

2. the Spanish central authority shall verify that the request for cooperation brings together the content and the requirements that the preceding paragraph and article 11. When the application does not meet such requirements is returned to the applicant authority, indicating the specific reasons for the return.

Article 11. Language.

1. Requests for international legal cooperation, and their attachments, which are directed to a foreign authority, must be accompanied by a translation into an official language of the State required or accepted by this.

2 requests for international legal cooperation addressed to the Spanish authorities, and their attachments, must be accompanied by a translation pursuant to article 144 of the Civil procedure law.

Article 12. Processing.

1. Requests for international legal cooperation agreed by the Spanish authorities will be sent through trade to the Spanish central authority which shall transmit them to the competent authorities of the requested State, or by diplomatic or consular, via either through the central authority of that State if it exists and that its legislation not contesting. They may also refer directly by the Spanish authorities to the competent authorities of the requested State, in accordance with the provisions of article 9, if it is provided in its legislation.

2. without prejudice to the possibility of direct judicial communications, requests for international legal cooperation agreed by foreign authorities shall be transmitted to the Spanish central authority, which shall forward them to the competent Spanish authorities for execution.

3. the transmission may be by any means that ensures the security and confidentiality of communications, and that the documents are authentic and readable.

4. once implemented, requests will be returned by way of transmission used to study them.

Article 13. Execution procedure.

Requests for international legal cooperation will be implemented without delay in accordance with the procedural rules in Spanish. Exceptionally and at the request of the requesting foreign authority formalities or special procedures, may be accepted if it is compatible with Spanish law and is practicable.

Article 14. Grounds for refusal.

1 the Spanish judicial authorities shall refuse requests for international legal cooperation when: a) the object or purpose of the requested cooperation is contrary to public order.

(b) the process that originates the request for cooperation to be of the exclusive competence of Spanish jurisdiction.

(c) the content of the Act to carry out do not correspond to the responsibility of the Spanish judicial authority required. In your case, this may send the request to the authority, informing the requesting authority thereof.

(d) the request for international cooperation does not meet the content and minimum requirements demanded by this law for processing.

(e) meet the assumption contained in paragraph 2 of article 3.

2 shall be communicated to the requesting authorities the resolution caused by the denial of the request for cooperation.

Article 15. Execution by diplomats and consular Spaniards of criminal prosecutions.

1. the proceedings resulting from a procedure processed before the Spanish judicial authority may be executed abroad by Spanish consular or diplomatic officer whenever does not imply coercion, Spanish law does not require the presence of a judicial authority so inexcusable, be carried out in the consular demarcation and to the legislation of the receiving State does not object.

2. in these cases, the Spanish judicial authority will raise trade to the Spanish central authority so this move the request to the Ministry of Foreign Affairs and cooperation, which it will be sent to the official diplomatic or consular Spanish responsible for its execution.

Article 16. Travel abroad of judges, magistrates, prosecutors, court clerks and officials in the service of the administration of Justice and of other personnel.

The Spanish authorities are enabled, in General, to go to a foreign State in order to carry out or intervene in criminal prosecutions that need to practice in that State. These shifts will be, in any case, as provided for by the specific legislation.

Article 17. Technical and electronic media.

1 may apply for the use of any technical and electronic means of communication for the practice of proceedings for international legal cooperation which shall be performed in the territory of another State.

2. If in the Court of the requesting or requested State do not have the indicated media access, any arrangements that enable its facilitation will be admissible.

Article 18. Expenses, costs and legal aid.

1. costs relating to the proceedings and execution of requests for international legal cooperation will be carried out by the applicant authority or in the case of the party at whose instance are carried out.

2. with regard to the proceedings carried out by the Spanish authorities, the interested party may request benefits that may be applicable in accordance with the rules on free legal aid.

When the applicant's cooperation is exempt from the payment of the costs of the proceedings, shall apply provisions for those who enjoy the right to free legal assistance.

3. the Spanish central authority is not obliged to assume any expense relating to applications filed pursuant to this title or, if necessary, by the costs of the participation of a lawyer, Attorney or other required professional. The Spanish central authority may request a provision of funds.

Article 19. General rules on data protection.

1. Requests for international legal cooperation will only contain the personal data required for its execution. Transmitted data may not be used or treated for purposes not directly related to the application without the express authorization of the applicant authority.

2 requests for international legal cooperation taken at the behest of a Spanish Court will note that the personal data contained therein are transmitted to the unique purposes specified in the application, not being able to use or treat for purposes directly relating to or derived from that without the express authorization of the applicant authority.

3. the judge may adopt, ex officio or upon request, the safeguards necessary to protect the confidentiality of personal data.

Chapter II of the acts of notification and service of judicial documents article 20. Scope of application.

This chapter regulates the special requirements applicable to acts of notification and service of judicial documents which need to be sent from Spain to a foreign State or from a foreign State to Spain, without prejudice to the provisions of article 9.

Article 21. Means of communication, notification and transfer abroad.

1 the Spanish courts may transmit requests for notification and service of documents abroad: to) through the Spanish central authority, which will make them reach the competent authorities of the requested State via consular or diplomatic, or through its central authority, as provided for in article 12(1).

(b) directly to the competent authority of the requested State in accordance with the provisions of article 12.1.

2. whenever the laws of the State of destination does not object, the Spanish authorities can practice communications directly to its recipients by certified postal mail or half equivalent with acknowledgement of receipt or other guarantee allowing you to record your reception.

Article 22. Means of communication, notification and transfer in Spain.

For the practice of notification and service of judicial documents in Spain arising from a foreign authority, the routes referred to in paragraph 1 of the preceding article are acceptable. Direct communication is also supports to the recipient by certified postal mail or half equivalent with acknowledgement of receipt or other guarantee allowing to leave evidence of due receipt.

Article 23. Date of notification or transfer.

The date of notification or transfer will be that in which the document has been effectively notified or transferred in accordance with the domestic law of the requested State or the place of the service.

Article 24. Judgment of the defendant.

1. when a notice of demand or an equivalent document has been sent to another State for its notification or transfer, and the respondent fails to appear, the procedure shall be suspended while not proving that the document has been regularly reported. This shall not prevent the adoption of interim measures and precautionary.
2 after six months from the date of dispatch of the document, the competent authority will provide at the request of an interested party even if you have not been able to certify that notification has taken place.

Article 25. Language.

1. without prejudice to what may be required by the law of the State of destination, documents subject to notification or transfer abroad must be accompanied by a translation into the official language of the State of destination or to a language which the addressee understands.

2. If the communication comes from foreign authorities and is aimed at a target in Spain, documents must be accompanied of a translation to the Spanish or, where appropriate, to the official language of the autonomous community concerned, or a language which the addressee understands the terms set forth in the preceding paragraph.

Article 26. Certificate.

Made of any diligence of service, you can request the issuance by the requested State of a certificate concerning compliance with the arrangements and the form that has been conducted diligence, being able to do this use the language of the requested State.

Article 27. Sites and foreign States for judicial communications.

1. the sites, citations, requirements, and any other acts of judicial communication directed to foreign States will be held through diplomatic channels through the Ministry of Foreign Affairs and cooperation, and must communicate by note verbale and in accordance with the provisions of the Vienna Convention on diplomatic relations of 18 April 1961.

2. the Spanish courts shall notify the Ministry of Foreign Affairs and cooperation the existence of any proceedings against a foreign State for the sole purpose that one issue report on issues relating to immunity from jurisdiction and execution, which will transfer to the jurisdiction on the same road.

3. in civil proceedings that are followed in Spain against foreign States, the first site, which will be held through diplomatic channels provided in paragraph 1, shall include carried out two months after the date stating in diligence or the certifying receipt of reception.

Chapter III acts of notification and service of extrajudicial documents article 28. Extrajudicial documents.

1. the authorized or issued by notary, authority or competent official documents may be subject to transfer or notification in accordance with the provisions of the previous chapter that apply to their special nature.

2. the extrajudicial documents may be sent to notary, authority or public official through the central authority or directly.

3 the request shall contain at least the following information: a) the nature, date and identification of the document.

(b) the name and postal or electronic address of the notary, authority or official that it has authorized or issued.

(c) the notified pretension and consequences, where appropriate, of non-compliance and if indicated, the time required for this purpose.

Chapter IV of the practice and taking of evidence article 29. Scope of application.

1. This chapter applies to practice and obtaining evidence abroad so that they take effect in a judicial procedure in Spain or Spain so that they take effect in a foreign process.

2. the evidence must be directly related to a process already started or future.

3 when prompted in Spain practice a test prior to the start of the foreign proceedings, be required to advance practice the test is admissible in accordance with Spanish legislation.

Test practised in Spain which has to be valid in a foreign proceeding must comply with the guarantees provided for in Spanish legislation and practice under Spanish procedural regulations.

Article 30. Contents of the application.

Besides provided for in article 10, requests for international cooperation in the field of taking of evidence must gather the following information: a) the description of the taking of evidence chosen.

(b) indication of whether the practice of the test in accordance with a procedure laid down by the legislation of the requesting State and the necessary clarifications to its application is requested.

(c) indication of whether requested the use of technological means of communication.

(d) the request of interested parties, their representatives, or any official of the requesting State to assist the implementation of the required diligence.

Article 31. Description of the taking of the test.

For the purposes of the provisions of the preceding article, the taking of test detailed the following ends: to) whether it's request to take a person, the name and address of such person, questions that ask you or the facts on which see; where appropriate, information on the existence of a right to return with according to the law of the requesting State, the request of receiving the declaration under oath or affirmation to tell the truth or, as the case, the formula that is used, and any other information that the requesting court deems necessary.

b) if it is of examination of witnesses, the name and details of identification and location of the site which is available; in your case, the questions should they be made to witness or statement of the facts upon which shall be carried out its review, the right to refuse to testify under the legislation of the requesting State, the request for review to the witness under oath or affirmation, or in the form of Declaration and any other information that the requesting court deems necessary.

c) if it is of any other evidence, the documents or other objects to be examined. In the case that prompted the display of documents or other information media, these shall be identified reasonably; those facts or circumstances allowing to argue that the requested documents are under the control or custody of the person who is required and specify, where appropriate, the right to not provide documents according to the law of the requesting State must also specify.

Article 32. Practice in Spain of the test requested by a foreign authority.

1 received the request of a foreign authority, will have to practice the test, and once completed the rogatory Commission, documents proving it will be sent to the applicant.

2. the test not be practiced when if any of the grounds for refusal set out in article 14. In any case, the test is shall not when the nominated person justifies its refusal in an exemption or a prohibition to testify or provide documents, established or recognized by Spanish law or by the law of the requesting State.

3. when she is denied the practice of testing documents with expression of the grounds for refusal shall be returned to the applicant.

Title II of the proof of the foreign law article 33. Proof of foreign law.

1 testing the content and application of the foreign law shall be submitted to the rules of the law of Civil procedure and other provisions on the subject.

2. the Spanish courts will determine the probative value of the practiced test to prove the content and application of the foreign law in accordance with the rules of sound criticism.

3. on an exceptional basis, in cases in which not has failed to register by the parties the content and application of the foreign law, Spanish law will apply.

4. any report or opinion, national or international, on foreign law, shall be binding to the Spanish courts.

Title III of the foreign law article 34 information. Legal information.

The information of foreign law can refer to the text, validity and content of the legislation, its meaning and scope, case law, the procedural framework and of the judicial organization, and any other relevant legal information.

Article 35. Of the requests for information from foreign law.

1. without prejudice to the possibility of direct judicial communications, judicial organs, and notaries and registrars, may raise the requests for information from foreign law ex officio by the Spanish central authority to be used in a Spanish judicial process or by a Spanish authority in the framework of its competences.

2. the request for information shall contain the request for reports from authorities, expert opinions of expert lawyers, jurisprudence, certified legal texts and any other that is considered relevant.

3. the central authority will make get requests to the competent authorities of the requested State, or by the consular or diplomatic, via or through its central authority if it exists and has been planned within its system. The Spanish central authority shall provide, where appropriate, direct judicial communications between foreign and Spanish courts.
4. Requests for information must specify the applicant authority with mention of their postal or electronic address, the nature of the subject, a detailed statement of the facts that motivate the request and the specific elements of proof requested, all duly translated into the language of the requested authority. They can join the information request copies of those documents that are considered essential to clarify its scope.

5. When prompted for an evidentiary element which has a cost, the same will be paid by the requesting party. In this case can be requested funding.

Article 36. The requests for information of Spanish law.

1. without prejudice to the possibility of direct judicial communications, foreign authorities may address requests for information in Spanish law the Spanish central authority to be used in a foreign judicial process or by a foreign authority in the framework of its competences.

2. the request for information shall contain the request for reports from authorities, expert opinions of expert lawyers, jurisprudence, certified legal texts and any other that is considered relevant.

3. Requests for information must specify the applicant authority with mention of their postal or electronic address, the nature of the subject, a detailed statement of the facts that motivate the request and the specific elements of proof requested, all duly translated into the Spanish.

4. the requests for information of Spanish law will be answered directly by the Spanish central authority or be transferred to other public or private organizations.

5. When prompted for an evidentiary element which has a cost, it will always be carried out by the applicant authority and for such purposes may be requested funding.

Title IV of the lis pendens and international relatedness chapter I General provisions article 37. Concept of Pendency.

For the purposes of this title, a process deemed descent from the time of filing of the demand, if it is then admitted.

Article 38. Procedure.

International lis pendens and relatedness exceptions are invoked and processed as the internal lis pendens exception.

Chapter II the international lis pendens, article 39. International lis pendens.

1. when there is a pending process with identical object and cause to ask, between the same parties before the courts of a foreign State at the time in which stands a suit before a Spanish Court, the Spanish court may stay the proceedings, at the request of part and report of the public prosecutor's Office, provided that the following requirements are met (: to) that the jurisdiction of the foreign court obeys to a reasonable connection with the litigation. The existence of a reasonable connection shall be presumed when the foreign court has based its international jurisdiction criteria equivalent to those provided for in Spanish legislation for that particular case.

(b) that it is foreseeable that the foreign court issued a resolution likely to be recognised in Spain.

(c) and that the Spanish Court considers necessary suspension of the proceedings in the interests of the good administration of Justice.

2 the Spanish courts may agree to the continuation of the process at any time, at the request of part and report of the public prosecutor, when any of the following circumstances: to) that the foreign court been declared incompetent, or if required by any of the parties, had not ruled on its own competence.

(b) that the proceedings before the Court of the other State is suspended or has been dismissed.

(c) that he deemed unlikely to completion of the proceedings before the Court of the other State within a reasonable time.

(d) that is considered necessary the continuation of the process for the good administration of Justice.

e) to understand that the final ruling may eventually get to be held will not be liable to be recognised and, if necessary, enforced in Spain.

3. the Spanish Court will put an end to the process and will archive the proceedings if the proceedings before the Court of the other State has concluded with a susceptible recognition resolution and, where appropriate, implementation in Spain.

Chapter III article 40 related demands. Related demands.

1. shall be deemed related to the purposes of this article demands linked so closely connected that it is expedient and judge them at the same time to prevent irreconcilable judgments.

2 when there is a pending proceedings before the courts of a foreign State at the time that stands before a Spanish Court a related claim, the latter may, on request, and following a report of the public prosecutor's Office, suspend the process provided that the following requirements are fulfilled: to) that are suitable to hear and settle related claims together to avoid the risk of irreconcilable judgments.

(b) be foreseeable that the Court of the foreign State issued a resolution likely to be recognised in Spain.

(c) and that the Spanish court judged necessary by the suspension of the process in the interests of the good administration of Justice.

3 the Spanish Court can proceed with the process at any time, at the request of part and report of the public prosecutor, when any of the following circumstances: to) that it deems that risk of inconsistent decisions there is no.

(b) the foreign proceeding is suspended or concluded.

(c) that he considers unlikely that the foreign process can be concluded within a reasonable time.

(d) consider necessary the continuation of the process in the interests of the good administration of Justice.

Title V of the recognition and enforcement of judgments and foreign public documents, of the procedure of exequatur and the inscription in the public registry chapter I General provisions article 41. Scope of application.

1. firm foreign judgment relapses recovery in a contentious procedure will be susceptible to recognition and enforcement in Spain in accordance with the provisions of this title.

2. also will be susceptible to recognition and enforcement in accordance with the provisions of this title foreign final resolutions adopted in the context of proceedings of voluntary jurisdiction.

3 will be susceptible of execution foreign public documents in the terms provided for in this law.

4. only susceptible to recognition and enforcement measures will be precautionary and provisional, where its refusal involves a breach of effective judicial protection, and provided that it had adopted after hearing the opposing party.

Article 42. Exequatur procedure.

1. the procedure to declare main title recognition of a foreign judgment and, where appropriate, to authorize their execution is referred to as exequatur procedure.

2. the same procedure can be used to declare that a judgment is not susceptible to recognition in Spain by incurring any of the grounds for refusal laid down in article 46.

Article 43. Definitions.

For the purposes of this title means: to) resolution: any judgment given by a Court of a State, regardless of its name, including the resolution by which the judicial Secretary or similar authority liquide coasts of the process.

(b) resolution firm: that against which there is no appeal in the State of origin.

(c) Court: any judicial authority or any authority having powers similar to the judicial authorities of a State, with competence in matters inherent to this law.

(d) judicial transaction: any agreement approved by a Court of a State or concluded before a Court of a State in the course of the procedure.

(e) public document: any document formalized or officially registered with this name in a State and whose authenticity relates to the signature and the content of the instrument, and it has been established by a public authority or other authority enabled to do so.

Chapter II recognition article 44. Recognition.

1. be recognized in Spain foreign resolutions that comply with the requirements laid down in the provisions of this title.

2. when the recognition of a foreign decision arises in proceedings incidental way, judge who knows of the same shall be dealt with respect to such recognition at the heart of each judicial procedure as provided for in the procedural laws. The effectiveness of incidental recognition shall be limited to the ruling in the main proceedings and will not prevent being prompted for the exequatur of the judgment.

3. by virtue of the recognition judgment can produce the same effects as in the State of origin in Spain.
4. If a resolution contains a measure that is unknown in the Spanish legal system, will be adapted to a known extent that comparable effect and pursues a purpose and similar interests, even though such adaptation will have no more effect than those laid down in the law of the State of origin. Either party may contest the adaptation of the measurement.

Article 45. Foreign judgment subject to change.

1. a foreign decision may be modified by the Spanish courts whenever it had previously obtained its recognition through main or incidental damages pursuant to the provisions of this title.

2. This shall not prevent that you might have a new demand in a declarative procedure before the Spanish courts.

Article 46. Grounds for refusal of recognition.

1 firm foreign judicial decisions shall not be recognised: to) when they were contrary to public order.

(b) when had the resolution taught with manifest infringement of the rights of defence of any of the parties. If the resolution had been rendered in absentia, means that a manifest violation of the rights of defence there is if not surrendered to the respondent card site or equivalent document on a regular basis and with sufficient time so that it could defend itself.

c) when foreign resolution acted on a matter with respect to which Spanish courts have exclusive jurisdiction, or with respect to other materials, if the jurisdiction of the judge of origin not obedeciere to a reasonable connection. The existence of a reasonable connection with the litigation shall be presumed when the foreign court has based its international jurisdiction on criteria similar to those provided for in Spanish legislation.

(d) when was the resolution irreconcilable with a judgment given in Spain.

(e) when was the resolution irreconcilable with a judgment previously in another State, when this last resolution meet the conditions necessary for its recognition in Spain.

(f) when there is pending litigation in Spain between the same parties and with the same object, started prior to the process abroad.

2. foreign legal transactions will not be recognized when they were contrary to public order.

Article 47. Collective actions.

1. the foreign judgments in proceedings arising from collective actions will be subject to recognition and enforcement in Spain. In particular, for its effectiveness in Spain concerned that not acceded expressly will be payable to foreign collective action has been reported or published in Spain by equivalent means to those required by Spanish law and that affected such had the same opportunities for participation or severance in the collective process than those domiciled in the State of origin.

2. in these cases, the judgment will not be recognized when the competence of the Court of origin has not had been based on a forum equivalent to those provided for in Spanish legislation.

Article 48. Prohibition of review of the Fund.

In any case, judgment may be subject to review on the merits. In particular, the recognition not be refused by the fact that the foreign court has applied a law other than that would have corresponded according to Spanish private international law rules.

Article 49. Partial recognition.

When foreign resolution acted on several claims, and may not recognize all of the ruling may be granted recognition for one or more of the declarations.

Chapter III implementation article 50. Execution.

1. the foreign judgments which are enforceable in the State of origin be enforceable in Spain once the exequatur in accordance with the provisions of this title has been obtained.

2. the procedure of execution in Spain of foreign judgment shall be governed by the provisions of the law of Civil procedure, including the revocation of executive action.

3 may request partial enforcement of a judgment.

Article 51. Execution of court settlements.

Foreign court settlements that have been recognized will be implemented in accordance with that established in the preceding article.

Chapter IV of the judicial procedure of exequatur article 52. Competition.

1. the competence to hear applications for exequatur corresponds to the trial courts of the domicile of the party against which the recognition or enforcement is sought, or of the person who referred to the effects of the foreign judgment. Secondarily, the territorial jurisdiction shall be determined by the place of execution or the place in which resolution should produce its effects, being competent, in the latter case, the Court of first instance before which stands the demand for exequatur.

2. the jurisdiction of commercial courts to hear applications for exequatur of foreign judgements related to matters of its competence shall be determined in accordance with the criteria set out in paragraph 1.

3 If the part that calls the exequatur was subject to bankruptcy process in Spain and judgment had aimed some of the material competence of the judge of the competition, the competition to meet the request for exequatur will be up to the judge of the competition and shall be dealt with by the procedures of the bankruptcy incident.

4. the Spanish Court will control trade objective competition for these processes.

Article 53. Free legal assistance.

Parties in the process of exequatur may apply for benefits that may be applicable according to law 1/1996, of 10 January, free legal assistance.

Article 54. Process.

1. the process of exequatur, in which parts must be represented by an attorney and assisted lawyer, will begin by demand at the request of anyone showing a legitimate interest. The demand of exequatur and the request for execution may accumulate in the same writing. However, shall not be taken to the execution until it has given judgment decreeing the exequatur.

2 may be requested for action interim, pursuant to the provisions of the Civil procedure law, that ensure the effectiveness of the judicial protection which it is intended to.

3. the demand must be directed against that part or parts front you want to enforce the foreign judgment.

4 demand shall conform to the requirements of article 399 of the Civil procedure law and it must be accompanied, in: to) the original or copy of the foreign judgment, duly legalized or apostilled.

(b) the document confirming, if the resolution was issued in absentia, delivery or notification of the location certificate or equivalent document.

(c) any other proof of firmness and enforceable in the case of the judgment in the State of origin, and may record this end in its own resolution or break off so the law applied by the Court of origin.

(d) the relevant translations pursuant to article 144 of the Civil procedure law.

5. the demand and documents submitted will be examined by the court clerk, who will issue a decree admitting it and transfer it to the defendant to object within the period of thirty days. The respondent may accompany your notice of opposition papers, among others, enabling them to challenge the authenticity of the judgment, the correction of the site to the respondent, firmness and enforceability of the judgment.

6. the clerk of the Court, however, in the event that it appreciated the lack of remedies a procedural defect or a possible cause of inadmissibility, pursuant to Spanish procedural law, shall report to the Court so that it resolved within ten days upon admission in cases in which it considers lack of jurisdiction or competence or when demand adoleciese of formal defects or documentation was incomplete and not be they were corrected by the actor within the five days granted for this purpose by the clerk of the Court.

7 formalized opposition or after the term for it unless it has concluded, the Court will resolve through self as appropriate within the period of ten days.

8. the Department of public prosecutions will always intervene in these processes, for which purpose it will give you transfer of all actions.

Article 55. Resources.

1 against the single exequatur to be filed appeal in accordance with the provisions of the Civil procedure law. If the cleanest car estimatorio, the Court may suspend execution or hold the execution to the provision of timely bond.

2. against the decision handed down by the Provincial Court in the second instance, the entitled party may bring extraordinary recourse to procedural infringement or by an appeal in accordance with the provisions of the Civil procedure law.

Chapter V of the foreign public documents article 56. Execution of foreign public documents.
1. the public documents issued or authorized by foreign authorities be enforceable in Spain if they are in their country of origin and are not contrary to public order.

2. for the purposes of its enforceability in Spain must have at least the same or equivalent effectiveness to certificates issued or authorized by Spanish authorities.

Article 57. Adaptation of foreign legal institutions.

Notaries and public Spanish officials, when it is necessary for the proper execution of public documents issued or authorized by foreign authorities, can adapt to the Spanish order legal institutions in Spain, replacing them with another or others that have equivalent effects in our legislation and pursue purposes and similar interests. Any interested party may contest the adequacy made directly before a court.

Chapter VI registration in the public registry article 58. General provisions.

The registration procedure, the legal requirements and the effects of the registration records shall be submitted, in any case, rules of the Spanish law.

Article 59. Registration of foreign judgments.

1. no special procedure for registration in Spanish records of property, commercial and movable property of foreign judgments which no further appeal lies under its laws, whether they are firm judgments or final voluntary jurisdiction rulings will be required. If they are not firm or definitive, they may only be preventive annotation object.

2. for the registration of resolutions judicial foreign referred to in the preceding paragraph, prior to the qualification of the inscribible title, the Registrar shall verify the regularity and the formal authenticity of documents submitted and the absence of grounds for refusal of recognition provided for in chapter II of this title, and must notify its decision, by mail telegram or any other technical means allowing to leave record reception, its date and the contents of the connected to the presenter and the part front is pretending to enforce judgment, at home stating in the registry or in the resolution tabled, who may oppose such a decision within the period of twenty days.

When not any have practised the notification in the indicated addresses and, in any case, when the Registrar decides to adopt a decision contrary to the incidental recognition, will be suspended the requested registration and Registrar shall forward to the parties the judge who shall understand the procedure of recognition of regulated main title in this title; at the request of the representative you can extend annotation of suspension requested seat.

3. is always a except for the possibility of the applicant to refer to the process of exequatur laid down in this title.

Article 60. Registration of foreign public documents.

Extrajudicial foreign public documents may be enrolled in the Spanish public records if they meet the requirements laid down in specific legislation and provided that the foreign authority has intervened in the preparation of the document developing functionally equivalent to that played by the Spanish authorities in the matters that concerned and the same or nearest effects in the country of origin.

Article 61. Adaptation.

1 when the judgment or the foreign order measures or incorporates rights that are unknown in Spanish law, the Registrar shall proceed to its adaptation, as far as possible, a measure or law predicted or known in the Spanish legal system that have equivalent effects and pursue a purpose and similar interests, even though such adaptation will have no more effect than those laid down in the law of the State of origin. Before registration, the Registrar shall notify the holder of the right or measure concerned the adaptation to be carried out.

2. any interested party may contest the adaptation directly before a court.

First additional provision. Special rules in the field of international legal cooperation in civil and commercial matters.

For the purposes of the provisions of article 2 of this law, have consideration of special international legal cooperation in civil and commercial, among others, the following: to) articles 199 to 230 of the law 22/2003, of July 9, bankruptcy.

(b) articles 25 to 31 of the Law 54/2007, of 28 December, on international adoption.

(c) article 94 to 100 of law 20/2011, July 21, from the Civil Registry.

(d) article 67, paragraph 1, of the consolidated text of the General Law for the defence of consumers and users and other complementary norms, approved by Royal Legislative Decree 1/2007, of 16 November.

(e) article 46 of the law 60/2003, of 23 December, arbitration.

(f) the standards of law and mortgage regulation, as well as the code of Commerce and of the Royal Decree 1784 / 1996, of 19 July, which approves the regulation of the commercial registration, regulatory registration of foreign documents insofar as they are compatible with the provisions of this law.

(g) the private international law rules contained in the law on voluntary jurisdiction.

Second additional provision. Standardized forms.

All types of standardized forms that facilitate the implementation of this law and filling in international legal cooperation requests and letters rogatory may be established through order of the Minister of Justice.

Third additional provision. Forecast costs.

The measures included in this standard may not assume increased allowance or remuneration of other staff costs.

Sole transitional provision. Regime applicable to processes in the pipeline.

1. this law shall apply to requests for international legal cooperation received by the Spanish authorities subsequent to its entry into force.

2. the title IV shall apply to claims which arise before the Spanish courts subsequent to the entry into force of the law.

3. the title V shall apply to the demands of exequatur that arise before the Spanish courts subsequent to the entry into force of the law, regardless of the date on which the foreign judgment had given.

Sole repeal provision. Repeal of rules.

1. articles 951-958 of the Civil Procedure Act, approved by Royal Decree on February 3, 1881 shall be repealed.

2. they are hereby repealed many provisions is contrary to the provisions of this law.

First final provision. Modification of the mortgage law.

The subparagraph of article 14 of the mortgage law will be drafted in the following terms: "the title of the succession, for the purposes of the registration, is the Testament, the inheritance contract, the Act of notoriety for the Declaration of intestate heirs and administrative heir Declaration intestate in favor of the State, as well as, where appropriate, the European certificate of inheritance he referred to in chapter VI of Regulation (EU) No. 650/2012»

Second final provision. Modification of law 1/2000, of 7 January, code of Civil procedure.

Current final provisions twenty fifth to twenty-seventh become twenty-seventh, twenty-eighth and twenty-ninth respectively, and introduces a new disposal twenty fifth and a new twenty sixth final provision with the following wording: «twenty fifth final provision. Measures to facilitate the implementation in Spain of Regulation (EU) No. 1215 / 2012 of the Parliament and of the Council of 12 December 2012, relative to jurisdiction, the recognition and enforcement of judgments in civil and commercial matters.

1. rules on the recognition of decisions of a Member State of the European Union within the scope of Regulation (EU) No. 1215 / 2012.

1st resolutions included in the scope of application of the Regulation (EU) No. 1215 / 2012, and issued in a Member State of the European Union will be recognized in Spain without recourse to any procedure.

2nd if invoking the refusal of recognition as an incidental question before a judicial body, the Court shall have jurisdiction to know, following the procedure laid down in the articles 388 and following of this Act, and limited the effectiveness of this recognition of the ruling in the main proceedings that the incident brings cause, and without that can prevent in separate process is resolved of primary way on the recognition of the resolution.

3rd the part that you want to invoke, in Spain, a judgment given in another Member State must submit the documents provided for in article 37 of Regulation (EU) No. 1215 / 2012, and the Court or the authority before which invoke the same request translations or transcriptions provided for in paragraph 2 of that article.

4th the Court or the authority which is relied upon a judgment given in another Member State may stay the proceedings on the grounds provided for in article 38 of Regulation (EU) No. 1215 / 2012.
5th A request of any interested party shall be refused recognition of the resolution for any of the reasons for article 45 of Regulation (EU) No. 1215 / 2012 in accordance with the procedure laid down in paragraph 4 of this final provision. The Court of first instance that corresponds according to articles 50 and 51 of this Act shall have jurisdiction.

6th the same procedure laid down in paragraph 4 of this provision shall be followed when the interested party requests declared that the foreign decision incurs the grounds for refusal of recognition set out in article 45 of the regulation. The Court of first instance that corresponds according to articles 50 and 51 of this Act shall have jurisdiction.

2. rules on the enforcement of judgments enforceable in a Member State of the European Union within the scope of Regulation (EU) No. 1215 / 2012.

1st a judgment given in a Member State that are enforceable in the will also enjoy this in Spain without the need for a declaration of enforceability and they will be executed in the same conditions as if the order had issued in Spain, in accordance with the provisions of articles 39 to 44 of Regulation (EU) No. 1215 / 2012 and in this provision.

However, and without prejudice to the provisions in article 2.a), second subparagraph of Regulation (EU) No. 1215 / 2012, if it were a decision ordering a provisional measure or precautionary, will only run in Spain if the Court which has issued it has certified that it is competent as to the merits of the case.

2 for the purposes of the execution of a resolution enforceable, the applicant shall provide documents prevented in article 42.1 of the Regulation (EU) No. 1215 / 2012 or those provided for in article 42.2 of the regulation if it is a decision ordering a provisional measure or injunction, as well as, if requires it the competent judicial organ, the translation of the certificate prevented in article 42.3 of that regulation. Only it may require the applicant to submit a translation of the resolution if they can not continue proceedings without it.

3rd enforcement of judgments enforceable in a Member State be held in Spain in any case in accordance with the provisions of this law.

4th any decision enforceable in a Member State will lead to the right to apply the precautionary measures provided for in this law, in accordance with the procedure laid down in this.

3. no notification of translation of the judgment and the certificate accreditation.

1 for the purposes of the application of article 43.1 of the Regulation (EU) No. 1215 / 2012, before taking the first step of implementation, when the performer is not accredited to that already reported the certificate provided for in article 53 and the judgment to the person against whom the execution, be urged to be notified you to this one or another , or if both, along with the car that dispatches the execution.

2 for the purposes of the application of article 43.2 of Regulation (EU) No. 1215 / 2012, the person against whom the execution be urged will have five days to request the translation of the judgment, starting from notification of the entry of the execution, if not had reported him previously and it had not attached with the claim enforcing a translation of that resolution.

3rd while not delivered you that translation will be suspended the term established by the 556.1 article of this law to oppose the execution, as well as the reply period provided for in the following paragraph. The judge dismiss the execution if within the period of one month the performer does not provide such translation.

4th this paragraph shall not apply to the implementation of measures interim resolution or when the person who calls the execution request measures precautionary in accordance with paragraph 2, rule 4, of this provision.

4. rules on the refusal of enforcement of judgments enforceable in a Member State of the European Union within the scope of Regulation (EU) No. 1215 / 2012.

Without prejudice to the grounds of opposition to the implementation provided in this law, at the request of the person against which you have urged, deny the execution of a resolution enforceable by the occurrence of one or more of the grounds for refusal of recognition set out in article 45 of Regulation (EU) No. 1215 / 2012, through the channels of the verbal trial , with the following specialties: 1st competition will be up to the Court of first instance to learn of the execution.

2nd demand shall be submitted pursuant to article 437 of this law, in its case in a period of 10 days starting from the date of notification to the defendant's entry of the execution, accompanied by the documents referred to in article 47.3 of the Regulation (EU) No. 1215 / 2012 and any other evidence of their claim and , in your case, will contain the proposal of evidence whose practice interested the performer.

3rd actor may apply the measures provided for in article 44.1 of the Regulation (EU) No. 1215 / 2012. To request also the actor, in the case of article 44.2 of the regulation shall be the suspension of the procedure without further delay.

4th the clerk will transfer of the demand to the respondent, answer in within 10 days. In reply, accompanied by the supporting documents of his opposition, it must propose all means of proof that attempt to use. This paper, and the documents accompanying it, will be transfer to the actor.

5th Contestada demand or expiry of the relevant period, the clerk will be mentioned parties to view, if they request it in their writings of demand and reply. If in his writings have not requested the celebration of vista, or when the only evidence proposed either the document, and these because they had contributed to the process without being challenged, or in the case of the expert reports not required ratification, the judge will resolve by order, without any further formality.

6th against the car should be appeal. Against the ruling in the second instance it will fit, in their case, extraordinary procedural infringement appeal and appeal in cassation in the terms provided for by this law. The judicial organ who know any of these resources, may stay the proceedings if an ordinary appeal against the decision has been taken in the Member State of origin or if it still has not expired the time for such an appeal, in accordance with article 51 of Regulation (EU) No. 1215 / 2012. For this purpose, when the resolution was issued in Ireland, Cyprus or the United Kingdom, any appeal in some of these Member States of origin shall be considered ordinary appeal.

5 issue of the certificate.

1 for the purposes of the application of article 53 of Regulation (EU) No. 1215 / 2012, the issuance of the certificate referred to in that article may be requested through addendum on demand, for his expedition at the same time to the sentence. In any case, the expedition will be separately and through Providence, using the standard form referred to in that article.

In the case of legal transactions, the certification shall be issued in the same way, for the purposes of article 60 of Regulation (EU) No. 1215 / 2012, using the form provided for in the same model.

2nd in the case of public documents that have executive force, the model form which referred to article 60 of Regulation (EU) No. 1215 / 2012 shall be issued by the authorising notary, or who legally replace him or happen in the Protocol. Of this expedition will leave record by a note in the matrix or policy that will incorporate copy authentic being the original of the certificate the document which will be circulated.

6 adaptation.

For the purposes of application of article 54 of Regulation (EU) No. 1215 / 2012, the authority which resolved on the recognition or enforcement of a foreign judgment will proceed to its adaptation in the terms provided for in this article. Against the decision on the adaptation of the measurement or foreign order will fit resources which the procedural legislation depending on the resolution and the procedure concerned.

7. Executive strength of public documents.

1st public documents which are enforceable in the Member State of origin shall also enjoy the same in Spain without the need for a declaration of enforceability; its only execution may be refused where it is manifestly contrary to public policy. The public document submitted must meet the necessary requirements to be considered authentic in the Member State of origin.

2nd the person against whom have been urged execution may request the denial of the execution in accordance with the procedure laid down in paragraph 4 of this provision.

3rd the execution of public documents issued in a Member State will be held in Spain, in any case, in accordance with the provisions of this law, applying the rules of this provision.

8. enforceability of court settlements.

Court settlements that are enforceable in the Member State of origin will run in Spain under the same conditions laid down for the public documents in the previous section.»
Twenty sixth final provision. Measures to facilitate the implementation in Spain of the Regulation (EU) No. 650/2012 of the European Parliament and of the Council of 4 July 2012 concerning competence, applicable law, recognition and execution of decisions, to the acceptance and execution of public documents in the field of successions "mortis causa" and the creation of a European certificate of succession.

1. rules of execution and recognition of decisions of a Member State of the European Union within the scope of Regulation (EU) No. 650/2012.

1st any interested party may request to be declared executive force in Spain for a resolution included in the scope of the Regulation (EU) No. 650/2012, and issued in a Member State of the European Union having executive force, in accordance with the procedure laid down in paragraphs 2 to 7 of this provision in this.

2nd the judgments given in a Member State of the European Union will be recognized in Spain without recourse to any procedure. However, in the case of opposition, any interested party that invoke recognition to main title of a resolution of that kind may request, by the same procedure laid down in paragraph 1, that recognize that resolution.

If the refusal of recognition is invoked as an incidental question before a judicial body, said body shall have jurisdiction to hear the same, following the procedure laid down in the articles 388 and following of this Act, and limited the effectiveness of this recognition of the ruling in the main proceedings that the incident brings cause, and without that can prevent that process separately settled main way on the recognition of the resolution.

In any case, the Court before which recognition has been requested may stay the proceedings if the judgment is the subject of an ordinary appeal in the Member State of origin.

2. competition.

Competition for the Executive Force procedure corresponds to the trial courts of the domicile of the party against which the recognition or enforcement is sought, or of the place of execution in which the resolution must produce their effects.

3. free legal assistance.

1st legal aid in this procedure shall comply with the General rules applicable in Spain.

2 without prejudice to the provisions of the preceding paragraph, the applicant who, in the Member State of origin has been obtained wholly or partly the benefit of legal aid or exemption from costs and expenses, shall enjoy in this procedure for the benefit of more favourable legal aid or the possible broader exemption in accordance with the General rules applicable in Spain.

4. procedure of Declaration of enforceability of a resolution.

(1st the application for a declaration of enforceability will be presented by demand which shall conform to the requirements of article 437 of this law and shall be accompanied by the following documents: a) a copy of the judgment.

((b) the certification provided for in article 46.3. b) of Regulation (EU) No. 650/2012.

2nd if not the certification referred to in the preceding paragraph, the Court may set a deadline for its presentation, accept an equivalent document or waive them if it considers that it has sufficient information.

A translation of the documents made by a qualified person to perform translations in one of the Member States may also request the Court.

3 the applicant is not obligated to have postal address in Spain or to Act represented by solicitor or counsel assisted.

4th the applicant may urge the adoption of interim measures or interim in accordance with provisions of this law. The Declaration of enforceability shall include authorization to adopt any measures precautionary.

5th Cumplidas formalities provided for in rules 1st and 2nd, the judge by order shall immediately declare the Executive force of the resolution, without transfer to allegations the party against whom the statement is requested and not proceed with the examination of the grounds for refusal of recognition provided for in article 40 of Regulation (EU) No. 650/2012.

If the subject of Declaration resolution contains several claims and cannot declare the Executive force of all of them, the auto will declare executive force from which it will come.

6th the notice to the party against whom the statement is requested shall be accompanied by documents those referred to in rules 1 and 2 of this section.

5. Appeals against the decision on the application for a declaration of enforceability.

1 the decision on the application for a declaration of enforceability may be appealed by either party within the period of thirty calendar days. If the party against whom the statement was requested were domiciled outside Spain, you will have a term of sixty calendar days to appeal; This term will not accept extension because of the distance to Spain from his home.

The competition for resources will correspond to the Provincial Court.

2nd during the period of the appeal against the Declaration of enforceability and until that is resolved on it, may only be taken precautionary measures on the property of the party against which enforcement is requested.

3rd against the judgement in second instance will fit into your case, extraordinary procedural infringement appeal and appeal in cassation in the terms provided for by this law.

6 the appeal proceedings against the decision on the application for a declaration of enforceability.

Appeal in rule 1 of the preceding paragraph shall be dealt with through the channels of appeal, including rules on procedural representation and technical defense, with the following specialties: to) Notwithstanding the allegation of infringement of rules or procedural guarantees in the first instance, the resource should only be based on one or several of the grounds provided for in article 40 of Regulation (EU) No. 650/2012; the appellant accompany the filing written documents supporting its claim that it deems necessary and, where appropriate, contain the proposal of evidence whose practice interests.

(b) the clerk of the Court will transfer from the writing of resource and the documents accompanying it to the other parties, placing them by twenty calendar days so that they present the writings of opposition or challenge, to which is attached the supporting documents deemed necessary and, where appropriate, contain the proposal of evidence whose practice interest.

(c) in the case of default of the party against which request the Declaration of enforceability, if your residence is outside Spain, shall apply the provisions of article 16 of the Regulation (EU) No. 650/2012.

7. suspension of the resources.

The Court before which any of the resources referred to in paragraph 5 is lodged shall suspend the procedure, at the request of the party against which prompted the Declaration of enforceability, if such executive force has been suspended in the Member State of origin have lodged an appeal.

8. Executive strength of public documents.

Public documents which are enforceable in the Member State of origin shall be declared, upon request of either of the parties concerned, enforceable in Spain in accordance with the procedure set out in paragraphs 2 to 7 of this disposition, and submit the certification referred to in section 4.1. ª b) in accordance with the provisions of article 60.2 of Regulation (EU) No. 650/2012.

The Court before which any of the resources provided for in paragraph 16 of this provision only be lodged shall refuse or revoke a declaration of enforceability of a public document when it was manifestly contrary to the public policy.

9. enforceability of court settlements.

Court settlements that are enforceable in the Member State of origin will be declared, upon request of either of the parties concerned, enforceable in Spain in accordance with the procedure set out in paragraphs 2 to 7 of this disposition, and submit the certification referred to in section 4.1. ª b) in accordance with the provisions of article 61.2 of Regulation (EU) No. 650/2012.

The Court before which any of the resources referred to in paragraph 5 is lodged shall refuse or revoke a declaration of enforceability of a court settlement when it was manifestly contrary to the public policy.

10. issuance of the certification of a judgment, public document or court settlement for the purpose of its enforceable in another Member State.

1 for the purposes of the application of article 46.3 of the regulations, the issuance of the certification provided for in that provision corresponds to the judicial body that has issued the resolution and will be separately by order, using the model form provided for in that article.

The same will be, for the purposes of the application of article 61 of the rules of procedure, in the case of a court settlement, using the form provided for in the said article model for the issuance of the certification.
2nd in the case of public documents, certification which referred to article 60 of the rules of procedure, shall be issued by the notary authorising, or who legally replace him or happen in the Protocol, using the model form provided for in that article. The delivery time shall be recorded by a note in the matrix, in which shall be certified true copy being the original of the certificate the document which will be circulated. If not possible the incorporation to the matrix, will relate, by note, the Act after which must be incorporated.

11. delivery time by judicial organ of the European certificate of succession.

1st expedition by a judicial organ of a European certificate of succession shall be adopted separately and through Providence, in the manner provided for in article 67 of Regulation (EU) No. 650/2012, request that may be submitted using the form provided for in article 65.2 of the same regulation.

2nd competition for court issuing a European certificate of succession shall be to the same court that proceeding or has substantiated the succession. Succession certificate shall be issued witness, to be delivered to the applicant.

3 any person who is entitled to apply for a certificate may have recourse to the decisions taken by the appropriate judicial body.

12 correction, modification or cancellation of the European inheritance certificate issued by a judicial body.

1 the procedure for rectification of a probate European certificate, as provided for in article 71.1 of the Regulation (EU) No. 650/2012 will be resolved as provided in paragraphs 1 to 4 of section 267 of the organic law 6/1985, of 1 July, the judicial branch.

2nd the procedure for modification or cancellation of the issuance of a European inheritance certificate referred to in article 71.1 of the Regulation (EU) No. 650/2012 shall be dealt with and resolved, in a single instance, in accordance with the provisions for the replacement resource regulated by this law.

3 in any case, in accordance with article 71.3 of Regulation (EU) No. 650/2012 the Court shall without delay, all persons who surrendered copies authentic certificate pursuant to article 70.1 of the same regulation, any rectification, amendment or cancellation of the same.

13. refusal by a judicial organ of the issuance of the European certificate of succession.

The refusal of issuance of a European certificate of succession shall be adopted separately by order and may challenge, in sole instance, by the procedures of the appeal.

14. forwarding by a notary of the European certificate of succession.

1st request, is the responsibility of the notary who declare succession or any of its elements or who legally replace him or happen in its Protocol, the issue of the certificate referred to in article 62 of Regulation (EU) No. 650/2012, having to do so using the form referred to in article 67 of the regulation. The application for the issuance of a certificate of inheritance may be made using the form provided for in article 65.2 of the same regulation.

This issue of the inheritance certificate 2nd European, that will have the character of a public document in accordance with article 17 of the law of notaries of 28 May 1862, shall be recorded by a note in the matrix of Scripture which substantiate the Act or business, to which the original of the certificate, delivering authentic copy to the applicant will be incorporated.

If not possible the incorporation to the matrix, will relate, by note, the minutes after which the original of the certificate must be incorporated.

15 correction, modification or cancellation of the European inheritance certificate issued by notary.

1st will correspond to the notary whose Protocol is, the rectification of the European inheritance certificate in case of a material error, to be observed in the as well as modification or cancellation provided for in article 71.1 of the Regulation (EU) No. 650/2012.

2nd in any case, in accordance with article 71.3 of Regulation (EU) No. 650/2012, the notary shall communicate without delay to all persons who surrendered copies authentic certificate pursuant to article 70.1, any rectification, amendment or cancellation of the same.

16. resource.

1st the decisions made by a notary concerning a European certificate of inheritance may be appealed by anyone with a legitimate interest pursuant to articles 63.1 and 65 of Regulation (EU) No. 650/2012.

(2nd refusal of a notary to rectify, modify, cancel, or issue a European certificate of inheritance may be appealed by anyone with a legitimate interest in accordance with the articles 71 and 73 (1), letter to) Regulation (EU) No. 650/2012.

3rd the remedy, in single instance against the decisions that concern rules 1 and 2 of this section shall be brought directly before the Court of first instance of the official residence of the notary, and shall be dealt with by the verbal trial procedures.

17. effects of the resource.

1st if, as consequence of the appeal referred to in the preceding paragraph, it is accredited to the European inheritance certificate does not respond to the reality, the competent court will order issuing notary to rectify it, modify or annul the relapse judicial resolution.

2nd if, as consequence of the resource is accredited that the refusal to issue the European certificate of inheritance was unjustified, the competent judicial body shall issue the certificate or shall ensure that the issuing notary to re-examine the case and take a new decision in accordance with the Court ruling relapse.

3 in any case, shall include in the matrix of Scripture which substantiate the Act or business and in the Act of formal recording of the issued European inheritance certificate, note carried out rectification, modification, or cancellation, as well as the filing of the appeal and the judgment issued in the same.»

Third final provision. Modification of the law 5/2012, of 6 July, mediation in civil and commercial matters.

Article 27 of the law 5/2012, July 6, mediation in civil and commercial matters, is worded as follows: «article 27. Implementation of cross-border mediation agreements.

1. without prejudice to what you have with the rules of the European Union and the international agreements in force in Spain, the recognition and enforcement of a mediation agreement shall be as provided in the law of international legal cooperation in civil matters.

2. a mediation that has been undeclared executable by a foreign authority only agreement may be executed in Spain upon elevation to public deed by Spanish notary at the request of the parties or of one of them with the consent of the other.

3. the foreign document not can be executed when it is contrary to the Spanish public order.»

Fourth final provision. Modification of the law 2/2014, of 25 March, the action and the foreign service of the State.

The additional provision ten sixth law 2/2014, on 25 March, the action and the foreign service of the State, is worded in the following terms: "sixth additional provision ten. Translations and interpretations of an official nature.

Regulations requirements shall be determined so that the translations and interpretations of a foreign language to Spanish and vice versa have official status. In any case, the certified by the Office of interpretation of tongues of the Ministry of Foreign Affairs and cooperation, as well as those carried out will be this character who is in possession of the title of sworn that grants the Ministry of Foreign Affairs and cooperation. Requirements for the granting of this title, as well as other elements that make up its legal regime, will be developed according to the rules. The sworn shall certify with his signature and seal the fidelity and accuracy of translation and interpretation.

Will also have official status: to) the made or assumed as their own by a diplomatic representation or consular office of Spain abroad, provided that they relate to a foreign public document that is incorporated into a record or proceeding initiated or filed with the administrative unit and that should solve the Spanish administration.

b) made by a diplomatic representation or consular office of foreign race in Spain, provided that they relate to the text of a law of your country or a public document of the same.

The official nature of a translation or interpretation implies that this can be provided before judicial and administrative bodies in the terms to be determined by regulation.

«Translation and interpretation that makes a sworn a diplomatic representation or consular office, may be reviewed by the Office of interpretation of tongues of the Ministry of Foreign Affairs and cooperation at the request of the holder of the body administrative, judicial, registry or authority who is present.»

Fifth final provision. Skill-related title.

This law is run under the protection of competition which, in procedural legislation, applicable to the State in accordance with article 149.1.6. ª of the Spanish Constitution.
Chapter VI of title V is run under the protection of competition which corresponds to the State pursuant to article 149.1.8. ª of the Spanish Constitution in management of records and public instruments, in regards to the land registry and the registry of movable property, and under the protection of competition which corresponds to the State pursuant to article 149.1.6. ª of the Spanish Constitution in the field of commercial law , in regards to the commercial register.

The first final provision is run under the protection of the exclusive competence of the State management of records and public instruments, established in article 149.1.8. ª of the Constitution.

The third final provision is run under the aegis of the exclusive competence of the State in commercial, civil and procedural legislation, established in article 149.1.6. 2nd and 8th of the Constitution.

Sixth final provision. Entry into force.

This law shall enter into force on the twentieth day of its publication in the «Official Gazette».

Therefore, command to all Spaniards, private individuals and authorities, which have and will keep this law.

Madrid, 30 July 2015.

PHILIP R.

The Prime Minister, MARIANO RAJOY BREY